Citation Nr: 21063185 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 14-31 373A DATE: October 13, 2021 ORDER 1. Entitlement to a rating in excess of 10 percent prior to October 18, 2019 for right foot plantar fasciitis has been withdrawn and is dismissed. 2. Entitlement to a rating in excess of 10 percent prior to October 18, 2019 for left foot plantar fasciitis has been withdrawn and is dismissed. 3. Entitlement to a rating in excess of 10 percent for irritable bowel syndrome has been withdrawn and is dismissed. 4. Entitlement to service connection for a left ankle disability has been withdrawn and is dismissed. 5. Entitlement to service connection for a right ankle disability has been withdrawn and is dismissed. 6. Entitlement to service connection for a bilateral hearing loss disability has been withdrawn and is dismissed. 7. Entitlement to service connection for a sinus disability has been withdrawn and is dismissed. 8. Entitlement to service connection for an upper respiratory infection, claimed as congestion, has been withdrawn and is dismissed. FINDINGS OF FACT 1. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 10 percent prior to October 18, 2019 for right foot plantar fasciitis. 2. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 10 percent prior to October 18, 2019 for left foot plantar fasciitis. 3. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to a rating in excess of 10 percent for irritable bowel syndrome. 4. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to service connection for a left ankle disability. 5. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to service connection for a right ankle disability. 6. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to service connection for a bilateral hearing loss disability. 7. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to service connection for a sinus disability. 8. In September 2020 and May 2021 statements, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with his claim for entitlement to service connection for an upper respiratory infection, claimed as congestion. CONCLUSIONS OF LAW 1. The criteria for withdrawal of entitlement to a rating in excess of 10 percent prior to October 18, 2019 for right foot plantar fasciitis by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 2. The criteria for withdrawal of entitlement to a rating in excess of 10 percent prior to October 18, 2019 for left foot plantar fasciitis by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 3. The criteria for withdrawal of entitlement to a rating in excess of 10 percent for irritable bowel syndrome by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 4. The criteria for withdrawal of entitlement to service connection for a left ankle disability by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 5. The criteria for withdrawal of entitlement to service connection for a right ankle disability by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 6. The criteria for withdrawal of entitlement to service connection for a bilateral hearing loss disability by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 7. The criteria for withdrawal of entitlement to service connection for a sinus disability by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). 8. The criteria for withdrawal of entitlement to service connection for an upper respiratory infection, claimed as congestion, by the appellant have been met. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 2008 to December 2009. The Veteran testified at a video conference hearing before a Veterans Law Judge (VLJ) other than the undersigned in November 2017. A transcript of the hearing was prepared and associated with the claims file. The VLJ who conducted the hearing is no longer available to participate in the decision in this appeal. The Veteran was notified of this fact in August 2021 and in September 2021 submitted a statement documenting that he did not wish to appear at another Board hearing. The Board remanded these matters in July 2018 for additional development. In a May 2020 rating decision, service connection for plantar fasciitis was granted and assigned a 50 percent rating from October 18, 2019. Additionally, entitlement to service connection for posttraumatic stress disorder, obstructive sleep apnea, a cervical spine disability, a lumbar spine disability, and bilateral lower extremity radiculopathy, claimed as bilateral lower leg swelling, were also granted. In a September 2020 rating decision, entitlement to service connection for GERD, to include nausea and heartburn, was granted. These are all complete grants of the benefit sought, and thus, the Board no longer has jurisdiction over these issues. Additionally, in the May 2020 rating decision, the Veteran was granted a 10 percent rating for irritable bowel syndrome from December 8, 2009, the date of the original claim. Thus, the Board has recharacterized the issue to reflect this increased rating above. 1. Entitlement to a rating in excess of 10 percent prior to October 18, 2019 for right foot plantar fasciitis 2. Entitlement to a rating in excess of 10 percent prior to October 18, 2019 for left foot plantar fasciitis 3. Entitlement to a rating in excess of 10 percent for irritable bowel syndrome 4. Entitlement to service connection for a left ankle disability 5. Entitlement to service connection for a right ankle disability 6. Entitlement to service connection for a bilateral hearing loss disability 7. Entitlement to service connection for a sinus disability 8. Entitlement to service connection for an upper respiratory infection, claimed as congestion The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105 (2012). An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204 (2017). Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. In the present case, in September 2020, the Veteran submitted a statement in writing that he did "not wish to proceed with the appeal." In May 2021, the Veteran's representative also documented that the Veteran was satisfied with the decisions and no longer wished to pursue his claims. Thus, the Veteran and his representative explicitly and unambiguously expressed the Veteran's intent to withdraw his appeal in connection with the above claims. Accordingly, the Board does not have jurisdiction to review these claims, and they are dismissed. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Keninger, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.